BIMAL PRASAD SAHAYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Legality of the order dated. 22-12-2007 passed in C.T. Case No. 49 of 2006 arising out of G.R. Case No. 94 of 2005 of the Court of learned S.D.J.M., Rairangpur corresponding to Rairangpur Town P.S. Case No. 24 of 2005 by Additional Sessions Judge, Rairangpur in exercise of power under Section 319 of the Code of Criminal Procedure (for short 'the Code of Criminal Procedure) arraying the Petitioner and two others, namely, Sumeet Bajla and Manas Das Pattanaik as accused persons and summoning them to face trial along with accused Anand Rai who is facing trial in the case for alleged commission of offences under Sections 307 and 338 of the Indian Penal Code (for short 'the I. P. C) read with Section 27 of the Indian Arms Act (for short 'the Act').

(2.) Rairangpur P.S. Case No. 24 of 2005 was registered for commission of offences under Sections 147, 148 and 307 read with Section 149 of the I. P. C. as well as Sections 25 and 27 of the Act on the basis of F.I.R. lodged by informant Narottam Mohanty against the Petitioner and above persons, namely, Sumeet Bajla and Manas Das Pattanaik as well as seven to eight unknown persons. In the F I. R. it is alleged that the occurrence took place on 24-3-2005 at about 12 to 12.30 p. m. when the informant along with Susanta alias Manu Chaudhury (P.W. 3), Abhaya Singh and Shyam Charan Hansda went to hotel Le Sancy to have lunch. Before they could have their food, occupants of Suit No. 1 and Room Nos. 202 to 205, namely Petitioner, and above said two persons and seven to eight unsocial elements, being armed with guns and explosive, fired gun shots in order to kill them. P.W. 3 sustained gun shot injury on his right thigh. The accused persons also mercilessly assaulted the informant and his companions with the intention to kill them. It is specifically alleged in the F.I.R. that Petitioner and above said Sumeet Bajla and Manas Daspattanaik fired gun shots. On completion of investigation, charge-sheet was submitted against accused Ananda Rai only for commission of offences under Sections 307 and 338 of the I.P.C. read with Section 27 of the Act.

(3.) It appears that complaint case bearing I.C.C. No. 62 of 2006 was filed in the Court of learned S.D.J.M., Rairangpur by P.W.3 against the Petitioner and above said Sumeet Bajla and Manas Daspattanaik alleging unfair investigation in G.R. Case No. 94 of 2005 and praying to proceed against them for commission of offences under Sections 147, 148 and 307 read with Section 149 of the I.P.C. and Sections 25 and 27 of the Act. However, by order dated 25-1-2007, the complaint was dismissed under Section 203 of the Code of Criminal Procedure. In Criminal Revision No. 124 of 2007 P. W. 3 assailed the legality of the said order. The material part of the order dated 14-11-2007 passed by this Court while disposing of Criminal Revision No. 124 of 2007 reads: